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- Maternity leave provides eligible women with paid leave before and after childbirth.
- Eligible women working in the private or government sector can avail maternity leave, subject to the applicable rules.
- Women can receive up to 26 weeks of maternity leave, depending on their eligibility.
- Maternity leave includes benefits such as salary, job protection, nursing breaks, and crèche facilities.
- Women covered under the ESI Scheme and eligible government schemes can receive additional maternity benefits.
- Employers cannot deny maternity leave if the employee fulfils the prescribed eligibility conditions.
- Applying with the required documents and understanding the latest rules helps ensure a smooth maternity leave process.
Motherhood is a journey filled with love, care, sacrifice, and new responsibilities. To support women during this important phase, maternity leave was introduced. This allows them to recover from childbirth and care for their newborn without worrying about their job.
Indian courts have also recognised maternity benefits as an important part of a woman's right to dignity and life under Article 21 of the Constitution. Instead of considering it a privilege, it caters to the basic need of expecting women.
In this article, we explain maternity leave rules in India, eligibility, duration, salary during leave, and the benefits available to women working in both the public and private sectors.
Maternity Leave at a Glance
| Feature | Details |
|---|---|
| Paid Leave | Yes |
| Maximum Leave | 26 weeks |
| Eligibility | Minimum 80 days of service (Private Sector) |
| Governing Rules | Code on Social Security, 2020 / CCS Rules |
| Salary | Average daily wages |
| Crèche | Required for establishments with 50+ employees |
| Nursing Breaks | Up to the child's prescribed age |
What is Maternity Leave?
Maternity leave is a period of leave given to a pregnant employee before and after childbirth. It allows her to recover from delivery, care for her newborn, and return to work without losing her job. Eligible women in both the public and private sectors can avail maternity leave.
Governing Rules for Maternity Leave in India
Maternity leave in India is governed by different laws and service rules depending on the employee's sector.
| Employee Category | Governing Law/Rules |
|---|---|
| Private-sector employees | Chapter VI of the Code on Social Security, 2020 came into effect on 21st November 2025, replacing the Maternity Benefit Act, 1961 for eligible private-sector employees. |
| Central Government employees | Governed by the Central Civil Services (Leave) Rules, 1972. |
| State Government employees | Governed by their respective State Service/Leave Rules. |
Maternity Leave Rules in India
Here are the key maternity rules in India that you should follow:
Applicability
Maternity leave rules vary depending on where a woman works. Private-sector employees are covered under Chapter VI of the Code on Social Security, 2020, while central and state government employees are governed by their respective service rules.
Job Protection
An employer cannot dismiss, terminate, or change the service conditions of a woman because of her pregnancy or while she is on maternity leave.
Crèche Facility
Establishments with 50 or more employees must provide a crèche facility. Women are also allowed four visits to the crèche during a working day, including their rest intervals.
Nursing Breaks
After returning to work, a mother is entitled to nursing breaks to feed her child until the child reaches 15 months of age.
Work from Home
If the nature of the job allows, the employer and employee can mutually agree on a work-from-home arrangement after the maternity leave period ends.
Medical Bonus
If an employer does not provide free prenatal and post-natal medical care, the employee is entitled to receive a medical bonus as prescribed under the applicable rules.
Who is Eligible for Maternity Leave?
Here are the people eligible for maternity leave in India:
Private-Sector Employees
Women working in establishments covered under the Code on Social Security, 2020 are eligible if they have worked for at least 80 days in the 12 months before their expected delivery date. Women working in private companies, factories, shops, or establishments employing 10 or more people can claim maternity benefits if they fulfil the eligibility conditions.
Central Government Employees
Women employed by the Central Government are eligible as per the Central Civil Services (Leave) Rules, 1972, subject to the conditions prescribed under those rules.
State Government Employees
Women working for State Governments are eligible according to the respective State Service/Leave Rules applicable in their state.
Adoptive Mothers
A woman who legally adopts a child below 3 months of age is eligible for maternity leave from the date the child is handed over to her.
Commissioning Mothers
A commissioning mother is eligible for maternity leave if the child is born through surrogacy and is handed over to her.
Gig and Platform Workers
The Code on Social Security, 2020 allows the government to introduce maternity benefit schemes for gig, platform, and unorganised workers. The eligibility conditions will apply once these schemes are notified.
How Many Days of Maternity Leave Can You Get?
Here are the number of days for which maternity leave can be allotted to the expecting woman:
| Category | Duration of Maternity Leave | Condition |
|---|---|---|
| First two children | 26 weeks | Up to 8 weeks can be taken before the expected delivery date. |
| Third child onwards | 12 weeks | Applicable if the woman has two or more surviving children. |
| Adoptive Mother | 12 weeks | Applicable if the adopted child is below 3 months of age. Leave starts from the date the child is handed over. |
| Commissioning Mother | 12 weeks | Applicable to a woman who has a child through surrogacy. Leave starts from the date the child is handed over. |
| Miscarriage or Medical Termination of Pregnancy | 6 weeks | Begins immediately after the miscarriage or medical termination, subject to medical proof. |
| Tubectomy Operation | 2 weeks | Available after undergoing a tubectomy operation. |
| Illness Due to Pregnancy or Childbirth | Up to 1 month | Granted on medical proof for illness arising out of pregnancy, delivery, premature birth, miscarriage, medical termination, or tubectomy. |
The maternity benefit includes regular wages and applicable allowances. But excludes bonuses and overtime payments.
For women covered under the Employees' State Insurance (ESI) Act, maternity benefits are paid by the Employees' State Insurance Corporation (ESIC) instead of the employer.
Benefits of Maternity Leave
Maternity leave is not just about getting off from your work. But it offers many benefits to the expecting woman. Here are some of them:
Paid Leave
Employees continue to receive their salary during the approved maternity leave period, providing financial support during childbirth and recovery.
Job Security
The employer cannot dismiss or terminate an employee because of her pregnancy or while she is on maternity leave.
Time for Recovery
Maternity leave gives women sufficient time to recover physically and emotionally after childbirth.
Newborn Care
It allows mothers to spend quality time with their newborn, supporting the baby's health and early development.
Financial Security
Receiving paid maternity leave helps maintain a regular income during pregnancy and after childbirth, reducing financial stress while caring for the newborn.
Nursing Breaks
After returning to work, eligible mothers are entitled to nursing breaks to breastfeed their child.
Work-Life Balance
Maternity leave helps women balance their personal responsibilities while maintaining their professional career.
Work from Home Option
Where the nature of the job permits, the employer and employee can mutually agree on a work-from-home arrangement after maternity leave.
Crèche Facility
A crèche facility is a childcare centre provided by an employer where employees can leave their young children during working hours. It helps working parents, especially mothers, balance their job responsibilities with childcare.
Employees working in establishments with 50 or more employees can access a crèche facility. Women employees are also entitled to four visits to the crèche during a working day, including their rest intervals.
Can an Employer Reject Maternity Leave?
No, an employer cannot refuse maternity leave if the employee is eligible under the applicable maternity leave rules. Refusing leave or taking adverse action because of pregnancy is against the law. However, maternity leave can be denied if the employee does not meet the prescribed eligibility conditions.
Documents Required to Apply for Maternity Leave
The documents required can vary from one employer to another. However, most employers ask for the following:
| Document | Purpose |
|---|---|
| Maternity Leave Application | A formal request mentioning the leave dates. |
| Medical Certificate | Confirms the pregnancy and expected delivery date. |
| Doctor's Prescription or Pregnancy Report | Serves as proof of pregnancy, if required by the employer. |
| Identity Card or Employee ID | Verifies the employee's identity and employment details. |
| Hospital or Birth Documents | Required after childbirth, if requested by the employer for record or benefit processing. |
| Adoption or Surrogacy Documents | Applicable for adoptive or commissioning mothers to claim maternity leave. |
How to Apply for Maternity Leave?
- Inform your employer about your pregnancy and expected leave dates.
- Submit a maternity leave application as per your company's policy.
- Provide the required documents, such as a medical certificate.
- Obtain approval from your employer or HR department.
- Submit post-delivery documents, if requested by your employer.
Maternity Leave in Government vs Private Jobs
There are only a few practical differences. The leave duration and most benefits are broadly similar, but the governing rules differ.
| Basis | Government Employees | Private Employees |
|---|---|---|
| Governing Rules | Governed by the Central Civil Services (Leave) Rules, 1972 or respective State Service Rules. | Governed by Chapter VI of the Code on Social Security, 2020. |
| Applicability | Applies to eligible government employees. | Applies to eligible employees working in establishments covered under the Code. |
| Salary During Leave | Paid by the government as per applicable service rules. | Paid by the employer or by ESIC for eligible employees covered under the ESI Act. |
Note: The duration of maternity leave and the core maternity benefits are generally similar for eligible employees in both the government and private sectors. Therefore, the main difference lies in the governing rules and the authority responsible for paying maternity benefits.
Government Schemes for Pregnant Women
Apart from maternity leave provided by employers, the Government of India offers financial and healthcare support through various schemes.
Pradhan Mantri Matru Vandana Yojana (PMMVY)
The Pradhan Mantri Matru Vandana Yojana (PMMVY) provides financial assistance to eligible pregnant and lactating women. This scheme supports nutrition and compensates for wage loss during pregnancy. The benefit is subject to the scheme's eligibility criteria because it is not available to every pregnant woman.
Employees' State Insurance (ESI) Maternity Benefit
Women covered under the Employees' State Insurance (ESI) Scheme receive paid maternity benefits through the Employees' State Insurance Corporation (ESIC) instead of their employer. To claim the benefit, the employee must satisfy the contribution conditions prescribed under the ESI scheme.
State Government Schemes
Several state governments also provide additional maternity benefits, such as financial assistance, free maternal healthcare, nutrition support, and institutional delivery incentives. These benefits and eligibility conditions vary from one state to another.
Latest Maternity Leave Updates (2026)
Here are some important updates related to maternity leave in India:
Code on Social Security, 2020
For eligible private-sector employees, maternity benefits are now governed under Chapter VI of the Code on Social Security, 2020, replacing the provisions of the earlier Maternity Benefit Act, 1961.
Different Rules for Government Employees
While private-sector employees are covered under the Code on Social Security, 2020, Central Government employees continue to be governed by the Central Civil Services (Leave) Rules, 1972. State Government employees are covered under their respective service rules.
Recognition of Maternity Rights
Indian courts have repeatedly recognised maternity benefits as an important part of a woman's right to dignity, health, and equality. Recent judicial decisions have reinforced that eligible women should not be denied maternity benefits merely because of technical or procedural issues.
Common Challenges Faced During Maternity Leave
Here are some of the common challenges faced during apply for maternity leave:
Lack of Awareness
Many women are unaware of their maternity leave rights, eligibility conditions, and the benefits available under the law. This often leads to delayed applications or missed benefits.
Employer-Related Delays
Approval of maternity leave can sometimes be delayed due to incomplete documentation or lack of awareness of the applicable rules within the organisation.
Limited Coverage for the Unorganised Sector
Most maternity leave benefits are available to women working in the organised sector. Women employed in the unorganised sector often rely on government welfare schemes, which provide limited financial support.
Benefits for Gig and Platform Workers
The Code on Social Security, 2020 allows the government to introduce social security schemes for gig and platform workers. However, dedicated maternity benefit schemes for these workers are still being rolled out through separate government notifications.
Conclusion
To conclude, maternity leave is an important benefit that helps women recover from childbirth while ensuring job and financial security. Understanding the eligibility criteria, leave duration, salary, and applicable rules can help you make the most of your maternity benefits.
Before applying, check your employer's policy and the latest government guidelines to ensure you receive all the benefits you are entitled to.
FAQs
Yes, eligible women can start their maternity leave before the expected delivery date, subject to the applicable rules.
Yes, an employer can grant additional leave based on the company's leave policy, medical condition, or other applicable rules.
No, an eligible employee cannot be dismissed or treated unfairly because of pregnancy or while on maternity leave.
Maternity leave is meant for recovery and newborn care. However, after the leave period ends, you and your employer can mutually agree on a work-from-home arrangement if the nature of the job permits.
Yes, an adoptive mother is eligible for maternity leave if she adopts a child below 3 months of age.
If you meet the eligibility conditions, you can raise the issue with your employer or approach the appropriate labour authority for assistance.
Eligible contractual employees can receive maternity benefits if they are covered under the applicable maternity leave rules and fulfil the prescribed conditions.
Yes, women covered under the Employees' State Insurance (ESI) Scheme can receive maternity benefits through the Employees' State Insurance Corporation (ESIC), subject to the prescribed eligibility conditions.
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